25 December 2010
SIR, I HAVE A PVT. LTD CO. WHO HAS RECEIVED SHARE APPLICATION MONEY OF RS. 120000/- FORM 3 DIRECTORS RS.40000/- EACH IN CASH. AND CO. DOES NOT PASS ANY RESOLUTION FOR RECEIPT OF SUCH MONEY.
PLEASE TELL ME THAT IS THERE IS ANY NEED TO PASS BOARD RESOLUTION FOR RECEIPT OF SUCH APPLICATION MONEY FROM DIRECTORS IN CASH.
Companies Act is silent about the treatment of share application money.
In case the Company has accepted the Share Application Money you may do one simple thing. You may record the above transaction i.e. receipt of share application money and assurance given to proposed allottee in the board meeting minutes.
In other words simple noting of such receipt in the board minutes would be enough. No need to take any kind of approval from any concerned authorities.
Regarding time limit to convert such share application money into capital the law is silent. However as per practice (Based on FEMA rules for foreign money) allot share with 6 months of the receipt of application money.
Further collect the share application form from the proposed allottee for your record. You may download the sample share application from the link mentioned below: